RAPPAI Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT was tried by the learned Sessions Judge, Thrissur in Sessions Case No. 522/2003 for an offence under Sections 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'N.D.P.S Act'). After trial, he was convicted and sentenced under Section 20(b)(ii)(B) of the N.D.P.S Act. Challenging the conviction and sentence, he has preferred this criminal appeal before this Court.

(2.) LEARNED counsel for the appellant submitted that in spite of sending a registered notice, the appellant did not turn up to instruct. Hence he reported no instructions from the appellant. Heard the learned Public Prosecutor. I have carefully perused the records.

(3.) SHORT prosecution case is that on 24 -09 -2002 at about 11.30 a.m., the appellant was found standing near Puthanpalli at South Bazar Junction. On seeing the police jeep, the accused tried to hide himself. The Police Officers felt suspicion and he was questioned. He was holding a kit at that time. When the kit was examined, it was found that he possessed ganja weighing 1100 grams. The accused was informed of his right to be searched in front of a Gazetted Officer or a Magistrate which he waived. Therefore, the accused/appellant was arrested for possessing ganga. Samples were taken from the contraband and they were properly sealed. Accused and the contraband were taken to the police station and later to the court. The contraband article was produced before the court with a forwarding note for sending them to the chemical analyst. Thereafter, investigation was completed and charge was laid.